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Related News & Insights(4)

Blog
Corporate Restructuring Lawyers - Creditors Rights Attorneys - Bankruptcy & Restructuring Attorney
January 6, 2022
Adopting the Minority View, a Texas Bankruptcy Court Concludes that Arbitration Clauses are a Form of Executory Contract
The Federal Arbitration Act (FAA) codifies federal policy favoring the enforceability of contractual arbitration clauses.   Due to the FAA, courts will thus generally require parties to arbitrate a dispute if their contract so dictates. This is no less true in bankruptcy court, at least in connecti
Blog
November 1, 2021
Who Benefits From Increased Home Value in a Chapter 13 鈥 The Debtor or the Estate?
In a chapter 13 case, which typically lasts from 3 to 5 years while a debtor makes payments according to a plan, the value of the debtor鈥檚 property can fluctuate.   In a time like the present, when home prices are rising, sometimes dramatically, that could mean an increase in the value of a debtor鈥檚
Blog
Corporate Restructuring Lawyers - Creditors Rights Attorneys - Bankruptcy & Restructuring Attorney
June 24, 2021
The Third Circuit Examines the Nature of Executory Contracts to Find a Work Made for Hire Contract Non-Executory
Executory contracts under the Bankruptcy Code are treated uniquely, compared to other contracts.[1]  The Code permits debtors to assume or reject executory, but not non-executory contracts.[2]    This disparate treatment arises from, among other things, the need to protect a debtor from making an er
Blog
April 1, 2021
The Third Circuit Finds Support for Awarding an Administrative Expense Claim For an Asset Purchaser鈥檚 Efforts in Pursuing an Unsuccessful Merger with the Debtors
In a recent decision, The Third Circuit Court of Appeals held that despite NextEra Energy Inc.鈥檚 (鈥淣extEra鈥) contractual undertaking to bear its own costs in connection with a merger, it had made a plausible claim for allowance of an administrative expense claim for these costs.[1]  This followed an

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